FOX v. BURDEN

No. 20811.

603 N.W.2d 916 (1999)

1999 SD 154

Shanna M. FOX, Plaintiff and Appellee, and Michael D. Fox, Plaintiff, v. Kathleen R. BURDEN f/k/a Kathleen R. Fox, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 15, 1999.


Attorney(s) appearing for the Case

Gary P. Thimsen and Ms. Jayna M. Voss of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

Peter J. Horner of Christopherson, Bailin & Anderson, Sioux Falls, South Dakota, Attorneys for defendant and appellant.


AMUNDSON, Justice.

[¶ 1.] Kathleen Burden, a/k/a Kathleen Fox (Kathleen), appeals the trial court's award of a portion of Jerald Fox's (Jerald) life insurance policy proceeds to her daughter, Shanna Fox (Shanna). We affirm in part, reverse and remand in part.

FACTS

[¶ 2.] Kathleen and Jerald were originally married on November 29, 1975. While married, the couple had two children: Michael and Shanna. On August 7, 1990, the couple was granted...

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